Guide on Article 3 of Protocol No. 1 – Right to free elections
43. The case of Oran v. Turkey, 2014, concerned the inability for Turkish voters living abroad to vote
for independent non-party candidates in polling stations set up in customs posts. Votes cast in those
conditions could only be for political parties. That limitation was justified by the fact that it was
impossible to assign expatriated voters to a constituency. The Court found that the limitation had to
be assessed taking account of generally agreed restrictions on the exercise of voting rights by
expatriates and, in particular, the legitimate concern the legislature might have to limit the influence
of citizens resident abroad in elections on issues which primarily affect persons living in the country.
It also emphasised the role played by political parties, the only bodies which could come to power
and have the capacity to influence the whole national regime. Furthermore, the limitation also
pursued two further legitimate aims: enhancing democratic pluralism while preventing the excessive
and dysfunctional fragmentation of candidatures, thereby strengthening the expression of the
opinion of the people in the choice of the legislature. Consequently, the restriction met the
legislature’s legitimate concern to ensure the political stability of the country and of the government
which would be responsible for leading it after the elections. There had not therefore been a
violation of Article 3 of Protocol No. 1.
European Court of Human Rights
13/35
Last update: 30.04.2021